Supreme Court of India

SPECIAL LAND ACQUISITION OFFICERversusN.S. TAKKALAKI AND ORS.

Citation: 1995 INSC 467
Decided: 16 August 1995
Disposal: Appeal(s) allowed
Bench: K RAMASWAMYB L HANSARIA

Holding

The amendment introducing Section 23(1‑A) is not retrospective; claimants are not entitled to the additional 12% per annum interest on compensation awarded before the amendment.

Summary

The State Government appealed a Karnataka High Court decision concerning lands acquired under a notification issued on 23 January 1980 under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer had made an award on 28 March 1980, and the claimants later sought an additional amount calculated at 12% per annum of the enhanced compensation under Section 23(1‑A), introduced by Amendment Act 68 of 1984. The central issue was whether the amendment, which post‑dated the acquisition and award, could be applied retrospectively to increase compensation. The Supreme Court held that the amendment could not be applied to awards made before its enactment, and therefore the claimants were not entitled to the additional interest. Consequently, the appeal was allowed, the grant of additional amount under Section 23(1‑A) was set aside, and the original award was confirmed in all other respects.

Issues considered

Whether Section 23(1‑A) of the Land Acquisition Act, as amended by Amendment Act 68 of 1984, applies retrospectively to awards made before the amendment.
Whether claimants are entitled to an additional 12% per annum interest on enhanced compensation for acquisitions dated prior to the amendment.

Legislation cited

Amendment Act 68 of 1984
Land Acquisition Act, 1894s. 23(1-A), s. 4(1)

Subjects

Land acquisitionCompensationAmendment ActRetrospective legislationSection 23(1-A)Interest on compensationSupreme CourtAppeal

Judgment

A                  SPECIAL LAND ACQUISITION OFFICER
                                         v.
                             N.S. TAKKALAKI AND ORS.

                                 AUGUST 16, 1995

B                [K. RAMASWAMY AND B.L. HANSARIA, JJ.)

          Land Acquisition Act, 1894 (as amended by Amendment Act 68 of
    1984):

C        Ss.4( 1), 23(1-A)-Acquisition of land--Compensation-Notification
    under s.4(1) published on 23.1.1980-Award by Land Acquisition Officer
    made on 28.3.1980-Held: Claimants not entitled to benefits under s.23(1-
    A).

            The State Government filed the appeal by special leave against the
D judgment of the High Court in a case arising out of the award dated
    28.3.1980 passed by the Land Acquisition Officer in respect of the lands
    acquired under the notification dated 23.1.80 published under s.4(1) of the
    Land Acquisition Act, 1894.

E         Allowing the appeal, and modifying the order of the High Court and
    the award of the reference Court, this Court.

          HELD : The respondent-claimants are not entitled to the additional
    amount @ 12 per cent· annum of the enhanced compensation under
    s.23(1-A) of the Land Acquisition Act, 1894 as amended Amendment Act
F   68of1984. [781-AJ

            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7588 of
    1995.

            From the Judgment and Order dated 16.4.86 of the Karnataka High
G Court in M.F.A. No. 1805 of 1985.
            M. Veerappa for the Appellant.

            The following Order of the Court was delivered :

H           Leave granted.
                                        780
                SPL. LAND ACQSN. OFFICER v. N.S. TAKKALAKI                  781

           Notification under Section 4(1) of the Land Acquisition Act, 1894 A
     (for short, 'the Act') was published on January 23, and the Land Acquisi-
     tion Officer gave his award on March 28, 1980. Consequently, the respon-
     dents are not entitled to the additional amount @ 12 per cent per annum
.c
     of the enhanced compensation under Section 23(1-A) of the Act as
     amended by Amendment Act 68 of 1984.
                                                                                   B
            The appeal is accordingly allowed and the grant of additional amount
     under Section 23(1-A) is set aside. In other respects, the award of the
     Reference Court, as confirmed by the High Court, stands confirmed. No
     costs.

     R.P .                                                     Appeal allowed.




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